Omaha daily bee., 1887-06-04

Dridge, put prove commercial advan-
tage also. The company, If given the
site, could meet the demand locally
accomplish for the public all that the
wagon bridge company proposed to do,
and ut the same time would build a long
extension into Nebraska, thus affording
another great railway for the accommo-
dation of business. II not given this site
the enterprise would be dropped and the
railway company would neither build
any bridge nor would it make the pro-
posed extensions.
pany Judge Shellabarger made purely
legal argument. He said that the secre-
tary was simply called upon to construc
the two charters and if possible make
them harmonize. He had no power to so
construe them as to kill one of the acts
of congress, if this could possibly be
avoided The charter for the railway
bridge gave the face of both coun
ties from which to select location. The
charter for the proposed wagon bridge
provided that it must be built between
the two cities. If the site was given to
the railway. company, then the wagon
bridge would have to 90 either down the
river or above. To 90 down the river
onethird of mile, the distance neces
sarv, as the bridges cannot be within that
distance from each other, would strike
the Union Pacific grounds. 1t could not
be built one-third of mile below this, as
that would not be in compliance with the
charter requiring the bridge to be built
between the two cities. The same was
also true about going one-third of mile
north of Broadway. If, therefore, the
Broadway site was given to the railway
company, it would prevent the building
of any wagon bridge under this charter.
The secretary of war would be practi-
cally vetoing an act of congress.
1t was argued tnat it was his duty to
construe 1t so that the two acts would
harmonic. This could be done 1t was
evident that the wagon bridge charter
repealed so much of the railway bridge
charter as related to this particular loca-
ton. No injury could possibly result to
the railway company. Even if bridge
could not be built SO cheaply or con.
veniently at some other point, yet 1t
could be built On the other hand, if
this location was given to the railway
company from building anywhere.
The attorneys for this railway company
did not attempt to answer this argument.
They simply said there was nothing to it,
but did not attempt to show wherein it
was weak. The plea of the railway com
pany was simply that they wanted the
wagon site because they deemed it the
best one to be had.
There were other matters brought to
the attention OF the secretary of war
One was that there was law by which
the st. Paul could cross the Union Pacific
bridge, if it so desired. If tine two com
panles could not agree on the terms, all
that was necessary was to ask the secre-
tary of war to decide the matter for
them, and under the law they could thus
cross that bridge with the trains AS to
combination bridge it was shown that
the Union Pacific was just completing
be an abortion so far as allowing public
travel with teams.
The attention of the secretary of war
was also called to the records made when
the present Union Pacific bridge was To-
Gated. The government engineers made
surveys and soundings, and reported sew
eral places for crossing: The one most
favored was that by the Omaha water
works. The bed rock there is nowhere
more than eighteen feet below the bed of
the river. The next best site was at
Childs' place. The present site of the
Union Pacific bridge was the least fa-
vored of any, and the Broadway site came
next. 1t seems therefore from the sur
veys made by the government that there
are several better places for railway
bridge than that selected for the wagon
bridge.
Mr.. Wright, after rehearsing these
and other facts, told the citizens who
had gathered in to him that he was con-
tident that if the secretary decided in &C.
cordance with the merits of the matter
the location would be gwen to the wagon
bridge company.
After hearing all these facts recited,
there seemed to be Il great strengthening
of confidence that the secretary Of war
would decide in favor of the wagon
bridge, and that all was being done that
could possibly be done to secure this en-.
terprise, which is so earnestly wanted.